Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12060 of 2024 Arising Out of PS. Case No.-474 Year-2022 Thana- RUPASPUR District- Patna ====================================================== Vikash Kumar, aged about 26 years (Male) Son Of Late Mukhtar Singh R/ORanipur, P.S.-Paliganj, Dist-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Prasad Gupta, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Rupaspur P.S. Case No. 474 of 2022 registered for an offence punishable under Sections 457 and 380 of the Indian Penal Code.
3. As per allegation in the FIR, the wife of the informant stolen some cash and ATM Card from the flat by the accused persons.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that petitioner is not named in the FIR and his name surfaced from the confessional statement of co-accused and no test identification parade has been held till today. Petitioner is in custody
Patna High Court CR. MISC. No.12060 of 2024(2) dt.05-03-2024 2/2 since 19.11.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Under the aforesaid facts and circumstances, let the above named petitioner be released on bail after framing of the chargesheet on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Danapur, Patna/concerned Court in connection with Rupaspur P.S. Case No. 474 of 2022.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of trial. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T